The U.S. Securities and Exchange Commission (SEC) has filed a formal notice of appeal against Ripple Labs in the U.S. Court of Appeals for the Second Circuit. The appeal follows a district court’s ruling in August, which the SEC argues contained significant legal errors. SEC Challenges Ripple Labs Ruling in U.S. Court of Appeals On…
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This year, with the U.S. Securities and Exchange Commission (SEC) increasing enforcement on businesses accused of offering unregistered crypto securities to American investors, regulators, attorneys, and judges have been utilizing the Howey Test to ascertain whether specific crypto assets constitute an “investment contract” and thereby fall under U.S. securities laws. Below is an in-depth exploration…
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Texas apparel company Beba and the Defi Education Fund (DEF) have announced a legal complaint against the U.S. SEC. They allege that the SEC has violated Administrative Procedure Act procedures by adopting an encompassing crypto policy without an official rulemaking process. Additionally, the plaintiffs seek to clarify that a token airdropped to its users does…
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A New York federal judge has ruled that the Securities and Exchange Commission (SEC) has “plausibly alleged” that Gemini and Genesis violated securities laws through the Gemini Earn program. Judge Edgardo Ramos Highlights Hurdles in Dismissing Injunction Claims Early; Cites Howey and Reves A federal court in New York has affirmed the plausibility of the…
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Mark Cuban, a Shark Tank star and the billionaire owner of the NBA team Dallas Mavericks, says the U.S. Securities and Exchange Commission (SEC) doesn’t protect anyone, calling the regulator “the Quickbooks of financial regulation.” He stressed that the Howey Test isn’t enough to cover every crypto situation. Mark Cuban Slams SEC: They Don’t Protect…
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Coinbase says the SEC’s definition of an investment contract isn’t in line with U.S. securities laws. The United States Securities and Exchange Commission overstepped its authority when it classified Coinbase-listed cryptocurrencies as securities, the exchange has argued in its final bid to dismiss a lawsuit by the securities regulator. In an Oct. 24 filing in…
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The U.S. SEC chief was asked whether the purchase of Pokemon trading cards is a security transaction and whether Bitcoin is a commodity. Blamed for “kneecapping” capital markets in the United States and slammed for dodging questions around Bitcoin (BTC) and Pokemon cards, Securities and Exchange Commission Chair Gary Gensler appears to have had one hell…
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The SEC highlighted contradictory conclusions from similar cases and other pending decisions as some of the contentious legal issues. The United States Securities and Exchange Commission has submitted a filing urging the court to grant its motion to appeal a ruling from the Ripple Labs lawsuit that deemed the XRP (XRP) token to not be…
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The U.S. Securities and Exchange Commission (SEC) is said to be on the verge of greenlighting futures products tied to ethereum (ETH), as per a Bloomberg report. One insider privy to the development indicated that a handful could secure approval come October. Unnamed Sources Reveal SEC May Soon Greenlight Ethereum Futures Products In recent weeks,…
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On July 13, 2023, the U.S. District Court for the Southern District of New York (SDNY) finally issued an order in the infamous case brought by the Securities and Exchange Commission (SEC) against the payment settlement system and currency exchange, Ripple Labs, Inc. (Ripple). District Judge Analisa Torres’ highly anticipated order has been touted as…
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